Rafael Hernandez said he wanted to come to this country because it was great and offered a great life. He now faces a situation that may result in the loss of his ability to stay in the United States. Immigration is scheduled to review his permanent residency card for possible renewal in October and it is likely that his felony conviction and sex offender status will result in the loss of that permanent residency card.
Hernandez pleaded guilty to open and gross lewdness for his actions with a young girl. He gave no excuse for his actions, saying he didn’t think anyone in their right mind would do what he had done and saying he has lost everything.
A psychosexual evaluation done with Hernandez, by an expert in the field, found that Hernandez is a low risk to reoffend. That finding is essential if the judge is to consider probation in a felony sex offense case.
Hernandez said he hoped to receive probation so he could continue to work to support his family. Even if he loses his permanent residency status in October, Hernandez said he hoped to work in the US until then. His attorney, Bob Dolan, said Hernandez has a very good record of employment and support of his family.
Sixth Judicial District Judge Michael Montero wanted Hernandez to serve time in jail on this charge. But, in a compromise ruling, he said Hernandez may work until October. If his permanent residency status is renewed in October, he will have to serve 60 days in jail at that time. That jail time can be served in a way that also allows him to maintain employment. He will be allowed to serve two days a week, on his days off. If he is deported, that requirement will not be needed.
Hernandez’ sentence on the felony charge is 12-32 months in prison – the sentence was suspended and he was given five years’ probation. He may not drink or possess alcohol, may not have any contact with his victim and must comply with lifetime registration as a sex offender and abide by all the restrictions that entails.
He was assessed $153 for DNA collection and analysis, a $25 administrative assessment and $855 for the psychosexual evaluation done in his case.
